BILL NUMBER: AB 109	CHAPTERED  07/26/99

	CHAPTER   164
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 23, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   JULY 15, 1999
	AMENDED IN SENATE   JUNE 21, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Knox

                        DECEMBER 23, 1998

   An act to add Section 233 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 109, Knox.  Employment:  sick leave.
   Existing law does not require an employer to permit an employee to
use sick leave to attend to the illness of a child, parent, or
spouse of the employee.
   This bill would require an employer who provides sick leave, as
defined, for employees to permit an employee to use in any calendar
year accrued sick leave, in an amount not less than the amount earned
during 6 months' employment, to attend to the illness of a child,
parent, or spouse of the employee.  The bill would apply to the
state, political subdivisions of the state, and municipalities.
   This bill would prohibit an employer from denying the use of sick
leave or from discharging, threatening to discharge, demoting,
suspending, or in any manner discriminating in the terms and
conditions of employment against, an employee for using, or
attempting to exercise the right to use, sick leave to attend to the
illness of a child of the employee.
   This bill would provide that any employee aggrieved by a violation
of the bill is entitled to reinstatement and  actual damages or one
day's pay, whichever is greater, and to appropriate equitable relief,
as specified.  The bill would require the Labor Commissioner, upon
receipt of an employee's complaint, to invoke administrative
procedures or seek judicial remedies to recover wages, penalties, and
other compensation on behalf of aggrieved employees.  Alternatively,
the bill would authorize an employee to bring a civil action for
remedies provided in these provisions and would authorize an award of
reasonable attorney's fees to an employee who prevails in the
action.  The bill would declare that its rights and remedies are
nonexclusive.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 233 is added to the Labor Code, to read:
   233.  (a) Any employer who provides sick leave for employees shall
permit an employee to use in any calendar year the employee's
accrued and available sick leave entitlement, in an amount not less
than the sick leave that would be accrued during six months at the
employee's then current rate of entitlement, to attend to an illness
of a child, parent, or spouse of the employee.  All conditions and
restrictions placed by the employer upon the use by an employee of
sick leave also shall apply to the use by an employee of sick leave
to attend to an illness of his or her child, parent, or spouse.  This
section does not extend the maximum period of leave to which an
employee is entitled under Section 12945.2 of the Government Code or
under the federal Family and Medical Leave Act of 1993 (29 U.S.C.
Sec. 2606 et seq.), regardless of whether the employee receives sick
leave compensation during that leave.
   (b) As used in this section:
   (1) "Child" means a biological, foster, or adopted child, a
stepchild, a legal ward, or a child of a person standing in loco
parentis.
   (2) "Employer" means any person employing another under any
appointment or contract of hire and includes the state, political
subdivisions of the state, and municipalities.
   (3) "Parent" means a biological, foster, or adoptive parent, a
stepparent, or a legal guardian.
   (4) "Sick leave" means accrued increments of compensated leave
provided by an employer to an employee as a benefit of the employment
for use by the employee during an absence from the employment for
any of the following reasons:
   (A) The employee is physically or mentally unable to perform his
or her duties due to illness, injury, or a medical condition of the
employee.
   (B) The absence is for the purpose of obtaining professional
diagnosis or treatment for a medical condition of the employee.
   (C) The absence is for other medical reasons of the employee, such
as pregnancy or obtaining a physical examination.
   "Sick leave" does not include any benefit provided under an
employee welfare benefit plan subject to the federal Employee
Retirement Income Security Act of 1974 (Public Law 93-406, as
amended) and does not include any insurance benefit, workers'
compensation benefit, unemployment compensation disability benefit,
or benefit not payable from the employer's general assets.
   (c) No employer shall deny an employee the right to use sick leave
or discharge, threaten to discharge, demote, suspend, or in any
manner discriminate against an employee for using, or attempting to
exercise the right to use, sick leave to attend to an illness of a
child, parent, or spouse of the employee.
   (d) Any employee aggrieved by a violation of  this section shall
be entitled to reinstatement and actual damages or one day's pay,
whichever is greater, and to appropriate equitable relief.
   (e) Upon the filing of a complaint by an employee, the Labor
Commissioner shall enforce the provisions of this section in
accordance with the provisions of Chapter 4 (commencing with Section
79) of Division 1, including, but not limited to, Sections 92, 96.7,
98, and 98.1 to 98.8, inclusive.  Alternatively, an employee may
bring a civil action for the remedies provided by this section in a
court of competent jurisdiction.  If the employee prevails, the court
may award reasonable attorney's fees.
   (f) The rights and remedies specified in this section are
cumulative and nonexclusive and are in addition to any other rights
or remedies afforded by contract or under other provisions of law.
